FlyerTalk Forums - View Single Post - Easyjet refusing compensation and blaming third party
Old Jan 14, 2026 | 6:04 am
  #11  
GibFlyer
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Update: On 13/1/26 they have ruled in our favour and will be paying compensation.

On the Flight Date at Manchester Airport (MAN), two easyJet aircraft came into contact during ground operations. Aircraft G-EZUN, operating flight EZY2267, was stationary at the holding point in accordance with Air Traffic Control (“ATC”) instructions. Aircraft G-UZWH, operating flight EZY2117, was taxiing on an adjacent taxiway at approximately 7–10 knots and made contact with the wingtip of the stationary aircraft. The Flight in question was originally scheduled to be operated by aircraft G-EZUN. However, as a result of the collision between aircraft G-EZUN and G-UZWH, G-EZUN sustained damage and was no longer serviceable. Consequently, the Airline substituted the aircraft and reallocated the Flight to be operated by aircraft G-EZUT. The Airline provided Air Safety Reports for both aircraft. These confirm that G-EZUN was stationary in compliance with ATC instructions and that the flight deck crew of G-UZWH were aware of the position of the stationary aircraft while taxiing under ATC direction. While aircraft ground movements are conducted in accordance with ATC instructions, compliance with such instructions does not absolve flight deck crew of responsibility for maintaining situational awareness and ensuring safe clearance from visible obstacles. On the evidence before me, the collision resulted from an incorrect assessment of wingtip clearance by the crew of the moving aircraft, rather than from an unavoidable external event. In Siewert v Condor Flugdienst GmbH (C-394/14), the Court confirmed that events arising from the normal operation of an aircraft on the ground, including incidents related to manoeuvring, do not constitute extraordinary circumstances where they are inherent in the normal activity of the air carrier. I am satisfied that safe taxiing and aircraft manoeuvring form part of those inherent operational activities. The previous flight EZY2267 was subsequently operated by aircraft G-EZUT. The evidence relating to flight EZY2267 shows a departure delay of 4 hours and 25 minutes due to delay code 46 (aircraft change for technical reasons). The previous flight arrived with an overall delay of 4 hours and 17 minutes. The actual Flight EZY2268 then operated with a departure delay of 4 hours and 33 minutes due to rotational delay from the previous flight which as establish above it is not extraordinary circumstance. The Flight arrived with a delay of 4 hours and 31 minutes. As both aircraft involved were operated by easyJet, the incident cannot be attributed solely to third-party actions. Accordingly, I am not satisfied that the incident constitutes an extraordinary circumstance within the meaning of UK261.
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